Neutral Citation No. - 2025:AHC:39641 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 449 of 2025 Applicant :- Deepak @ Deepu Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi,Neeja Srivastava Counsel for Opposite Party :- Amitrana,G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, learned counsel for the first informant and Sri Rakesh Kumar Mishra, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Deepak @ Deepu, seeking enlargement on bail in Case Crime No. 634 of 2024, under Sections 109, 352, 351(2)(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Amroha Nagar, District- Amroha. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 26.10.2024. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's name disclosed in the statement of the first informant recorded by the Investigating Officer under Section 180 B.N.S.S. No specific role of causing injury has been assigned to the applicant as main role of causing fire arm injury is assigned to one co-accused, Gaurav and role of the applicant is distinguishable from that of the co-accused. Nothing incriminating has been recovered from the possession of the applicant. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Deepak @ Deepu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 19.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad